Archive Decision

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Reefton TC 6 March 2016 – R 8 – Chair, Mr R McKenzie

ID: JCA15418

Applicant:
S P Renault, Stipendiary Steward

Respondent(s):
M W Rennie, Licensed Open Horseman

Information Number:
A3646

Hearing Type:
Hearing

New Charge:
Excessive Use of Whip/Foot Out Of Footrest

Rules:
869(2)(a) & 867

Plea:
admitted

Meet Title:
Reefton TC - 6 March 2016

Meet Chair:
RMcKenzie

Meet Committee Member 1:
SChing

Race Date:
2016/03/06

Race Number:
R8

Decision:

Mr Rennie having admitted both charge, both charges were found proved.

Penalty:

Mr Rennie was fined the sum of $300 on the charge of excessive use of the whip and $100 on the charge of driving with his foot out of the sulky footrest.

Facts:

Following the running of Race 8, Electronet Pace, an information was filed by Stipendiary Steward, Mr S P Renault, against Licensed Open Driver, Mr M W Rennie, alleging that Mr Rennie, as the driver of REDBACK JARS in the race, used his whip excessively in the home straight and drove with his foot out of the sulky rest for some distance near the 100 metres”.

Mr Rennie had signed the Statement by the Respondent on the information form indicating that he admitted the breaches. Mr Renault confirmed to the Committee that Mr Rennie did not wish to attend the hearing of the charges.

Rule 869 provides as follows:

(2) No horseman shall during any race:-

    (a) use his whip in an unnecessary, excessive or improper manner.

Rule 867 provides as follows:

Every horseman shall drive throughout the race with both feet in the rests of the sulky provided for that purpose.

Mr Renault pointed out REDBACK JARS, driven by Mr Rennie, which had been racing four places back on the markers, be angled off the markers by Mr Rennie. He pointed out that Mr Rennie, some 100 metres from the finish, had dropped his left foot from the sulky footrest as he angled wider on the track. His foot had been out of the footrest for approximately 30 metres, Mr Renault submitted. He had started using the whip at that point instead of replacing his foot, Mr Renault said. This was at a point approximately 100 metres from the finish, which Mr Renault pointed out by reference to a marker on the inside of the track.

Mr Rennie then used his whip 20 times, in “rapid fire” fashion, and even though the force was quite low, Mr Renault said, the number of strikes was too high over that distance. There were no pauses in Mr Rennie’s use of the whip. It was a clear breach of the Rule, Mr Renault submitted. He had used the whip in a backhand manner on some five occasions while his foot was out of the sulky footrest.

Submissions for Penalty:

Mr Renault said that Mr Rennie had been fined for unnecessary use of the whip at the Westport meeting on 4 March last. He said that Stewards were submitting that this was a “first offence” as far as excessive use of the whip was concerned. Mr Rennie had admitted the breach. He drove only very infrequently. Mr Renault submitted that a fine of around $300 was appropriate for the excessive use of the whip charge.

Mr Rennie had a previous breach of driving with his foot out of the sulky footrest – at Westport on 28 December 2015 (fined $100). The Penalty Guide provides for a starting point of a $100 fine for a breach of the Rule and, notwithstanding Mr Rennie’s previous breach, Stewards were not seeking a fine of more than that amount on this occasion, Mr Renault said. 

Reasons for Penalty:

In arriving at penalty on the excessive use of the whip charge, the Committee took the Penalty Guide starting point of a $500 fine. In taking that starting point, the Committee accepted Mr Renault’s submission that the breach should be treated as a first offence. On that basis, Mr Rennie was given credit by way of a $200 discount from that starting point for his admission of the breach and his clear record.

In respect of the charge of driving with his foot out of the sulky footrest, the Committee noted the Penalty Guide starting point of a $100 fine. We were also aware that Mr Rennie had breached the same Rule a little more than 2 months ago. However, the present breach was in the low-end category and one that could adequately be dealt with by way of a fine in the sum of $100. 

JCA Decision Fields (raw)

Dmitry: This section contains all JCA fields migrated from the raw data.

Data from these fields should be mapped appropriately to display amongst the standard fields above; please make note of any values below that are missing in the above standard fields but should be there.

hearingid: 90d6c858b21be62fd2fe378f12772e8c


informantnumber: A3646


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Excessive Use of Whip/Foot Out Of Footrest


plea: admitted


penaltyrequired: 1


decisiondate: 09/03/2016


hearing_title: Reefton TC 6 March 2016 - R 8 - Chair, Mr R McKenzie


charge:


facts:

Following the running of Race 8, Electronet Pace, an information was filed by Stipendiary Steward, Mr S P Renault, against Licensed Open Driver, Mr M W Rennie, alleging that Mr Rennie, as the driver of REDBACK JARS in the race, used his whip excessively in the home straight and drove with his foot out of the sulky rest for some distance near the 100 metres”.

Mr Rennie had signed the Statement by the Respondent on the information form indicating that he admitted the breaches. Mr Renault confirmed to the Committee that Mr Rennie did not wish to attend the hearing of the charges.

Rule 869 provides as follows:

(2) No horseman shall during any race:-

    (a) use his whip in an unnecessary, excessive or improper manner.

Rule 867 provides as follows:

Every horseman shall drive throughout the race with both feet in the rests of the sulky provided for that purpose.

Mr Renault pointed out REDBACK JARS, driven by Mr Rennie, which had been racing four places back on the markers, be angled off the markers by Mr Rennie. He pointed out that Mr Rennie, some 100 metres from the finish, had dropped his left foot from the sulky footrest as he angled wider on the track. His foot had been out of the footrest for approximately 30 metres, Mr Renault submitted. He had started using the whip at that point instead of replacing his foot, Mr Renault said. This was at a point approximately 100 metres from the finish, which Mr Renault pointed out by reference to a marker on the inside of the track.

Mr Rennie then used his whip 20 times, in “rapid fire” fashion, and even though the force was quite low, Mr Renault said, the number of strikes was too high over that distance. There were no pauses in Mr Rennie’s use of the whip. It was a clear breach of the Rule, Mr Renault submitted. He had used the whip in a backhand manner on some five occasions while his foot was out of the sulky footrest.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

Mr Rennie having admitted both charge, both charges were found proved.


sumissionsforpenalty:

Mr Renault said that Mr Rennie had been fined for unnecessary use of the whip at the Westport meeting on 4 March last. He said that Stewards were submitting that this was a “first offence” as far as excessive use of the whip was concerned. Mr Rennie had admitted the breach. He drove only very infrequently. Mr Renault submitted that a fine of around $300 was appropriate for the excessive use of the whip charge.

Mr Rennie had a previous breach of driving with his foot out of the sulky footrest – at Westport on 28 December 2015 (fined $100). The Penalty Guide provides for a starting point of a $100 fine for a breach of the Rule and, notwithstanding Mr Rennie’s previous breach, Stewards were not seeking a fine of more than that amount on this occasion, Mr Renault said. 


reasonsforpenalty:

In arriving at penalty on the excessive use of the whip charge, the Committee took the Penalty Guide starting point of a $500 fine. In taking that starting point, the Committee accepted Mr Renault’s submission that the breach should be treated as a first offence. On that basis, Mr Rennie was given credit by way of a $200 discount from that starting point for his admission of the breach and his clear record.

In respect of the charge of driving with his foot out of the sulky footrest, the Committee noted the Penalty Guide starting point of a $100 fine. We were also aware that Mr Rennie had breached the same Rule a little more than 2 months ago. However, the present breach was in the low-end category and one that could adequately be dealt with by way of a fine in the sum of $100. 


penalty:

Mr Rennie was fined the sum of $300 on the charge of excessive use of the whip and $100 on the charge of driving with his foot out of the sulky footrest.


hearing_type: Hearing


Rules: 869(2)(a) & 867


Informant: S P Renault, Stipendiary Steward


JockeysandTrainer: M W Rennie, Licensed Open Horseman


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: d1bab42b8cc85548ad2039966891625a


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R8


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 037d05a79544c670dfc194287f6343d6


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 06/03/2016


meet_title: Reefton TC - 6 March 2016


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: reefton-tc


meet_racingtype: harness-racing


meet_chair: RMcKenzie


meet_pm1: SChing


meet_pm2: none


name: Reefton TC